Possession of Heroin

Accused of Possession of Heroin in Georgia?

Possession of heroin in Atlanta is a violation of the Georgia Controlled Substance Act. The Act regulates the crime of possessing highly addictive and dangerous drugs in the state. Possession of heroin is not the only crime under Georgia Controlled Substance Act, but is one of the most serious crimes.

Some drugs in the Act have a medical use. This means they may be highly addictive, but they can also be prescribed by a doctor. Thus, a person who possesses the drug could not be charged with having it because they had a prescription.

Heroin does not have a medical use and cannot be prescribed by a doctor. The potential for abuse of the drug makes it highly addictive and dangerous. Georgia has separated drugs by their addictiveness into categories called schedules. Heroin is in the most dangerous, highly addictive category, Schedule I.

This means the conviction of having heroin can come with serious consequences.

Possession of Heroin in Georgia is Illegal

In Atlanta, possession of heroin means to knowingly have the drug with the intent to personally use it. The law is tricky because the term “possession” means two things: constructive and actual possession.

Constructive possession of heroin means to knowingly have it in a place you can get to it. This place can be in a home, car, storage locker or bag. It does not mean the person has it in their pocket or somewhere on them.

Actual possession of heroin means to knowingly have it a person. It could be allegedly found by police in a person’s pocket, shoes or bra.

The Amount of Heroin Possessed in Georgia determines the Criminal Charge

Simple possession of heroin in Atlanta is having less than a gram of the drug. If a person is accused of having more of the drug, things become complicated. Prosecutors may bump up the charge to possessing heroin with the intent to distribute if the person allegedly has one to four grams. Prosecutors could try to increase the charge to trafficking heroin if a person allegedly possesses four grams or more of heroin.

Penalties for Possession of Heroin in Georgia

The general punishment for heroin possession is two to 15 years in prison. The exact time depends on the amount of heroin allegedly possessed. A simple heroin possession charge in Atlanta is one to three years in prison for less than one gram of heroin. If a person is convicted of possessing one to four grams of heroin the prison sentence is one to eight years.

A trafficking heroin conviction is punishable by a mandatory minimum of five years. The maximum is 30 years in prison.

A defense is a way to prove a defendant’s innocence. The defense is always determined by the facts of a person’s case. Remember, the exact defense will be determined after meeting with a defense lawyer. Every heroin possession case is different and have different defense available.

Some common defenses used to challenge a heroin possession charge includes:

Actual innocence

The drugs belong to someone else. This is a strong argument when charged with constructive possession of heroin.

Illegal search by police

Challenges to criminal procedure to stop the case from going to trial like Motions to Suppress or Motions to Quash evidence

A possession of heroin charge is scary. You are thinking about all the things that can go wrong with your case such as a conviction. It is time to work on what can go right. Your case could be dismissed, reduced or you win at trial. Let’s work together to prove your innocence. We are Yeargan & Kert, LLC. We are your lawyers. Yeargan & Kert, LLC is ready to fight for you. Contact Yeargan & Kert, LLC for your free consultation.